An assault charge in Ontario can affect your freedom, your reputation, and your future — but a charge is not a conviction, and most people facing one have never dealt with the criminal courts before. Understanding what "assault" means under Canadian law, what happens after you are charged, the penalty ranges for each level, and the outcomes a case can take is the starting point for protecting your position.
If police arrest you for assault, they must inform you of your rights under the Charter , including the right to remain silent and the right to speak with a lawyer. As a practical matter, it is generally wise not to discuss the allegation with police until you have received legal advice.
Police then process the arrest. For minor allegations this may be limited to recording your personal information; for higher-tier charges it typically also includes fingerprinting and photographs. Depending on the seriousness of the allegation, any aggravating factors, and your record, police will either release you — often on an undertaking or a promise to appear — or hold you for a bail hearing, where the court decides whether you can be released and on what conditions. An experienced bail hearing lawyer can help you navigate Ontario's judicial interim release process, notes Jeff Mass, managing partner at Mass Tsang LLP .
| Step after arrest | What it involves |
|---|---|
| Rights notification | Charter rights, including the right to counsel and to remain silent |
| Police processing | Personal information; for serious charges, fingerprints and photographs |
| Release or bail hearing | Release on conditions, or a hearing to decide custody vs. release |
Assault is broader than most people assume. Under s. 265(1) , a person commits an assault when they:
Two points follow from this. First, there does not need to be an injury — even unwanted contact, or a credible threatening gesture, can meet the definition. Second, consent is central . Under s. 265(3), the law does not treat consent as valid where the complainant submitted because of force, threats or fear, fraud, or the exercise of authority.
Canadian law recognizes three main assault tiers under the Criminal Code , each with distinct elements and penalty ranges.
Often called "common" or "basic" assault, this is a s. 265 assault with no weapon and no more than minor (or no) physical harm. It is the most frequently laid assault charge and usually arises out of a physical altercation.
Under s. 267 , an assault becomes more serious when, in committing it, the accused carries, uses, or threatens to use a weapon (real or imitation), causes bodily harm, or chokes, suffocates, or strangles the complainant. (Choking, suffocating, or strangling was added to s. 267 in 2019.)
The most serious tier. Under s. 268 , an aggravated assault is one that wounds, maims, disfigures, or endangers the life of the complainant. What is Aggravated Assault? covers the distinct elements and typically the harshest sentencing exposure of the three tiers.
Sexual assault is dealt with separately under ss. 271–273 when an assault is committed in circumstances of a sexual nature; those offences carry their own, generally harsher, sentencing framework. Sexual assault lawyers handle these charges across the GTA.
The maximum penalty depends on the level of assault and on whether the Crown proceeds summarily or by indictment. For hybrid offences prosecuted by summary conviction, the general default maximum is two years less a day and/or a $5,000 fine ( s. 787 , as amended in 2019).
| Assault level | How it can be prosecuted | Maximum penalty |
|---|---|---|
| Simple assault (s. 266) | Hybrid | 5 years (indictable); up to 2 years less a day + fine (summary) |
| Assault with a weapon / causing bodily harm (s. 267) | Hybrid | 10 years (indictable); up to 2 years less a day + fine (summary) |
| Aggravated assault (s. 268) | Indictable only | 14 years |
These are maximums , not typical sentences. Actual outcomes turn on the facts, the accused's record, and mitigating and aggravating factors — and many assault matters resolve well below the maximum, or without a conviction at all. Whether jail is likely depends on the charge level, your record, and the facts — see do you go to jail for assault in Ontario?
The Criminal Code does not create a separate "domestic assault" offence — domestic matters are charged under the same assault sections. What changes is the treatment. Where an offence involves the abuse of an intimate partner, that is a statutory aggravating factor on sentencing under s. 718.2(a)(ii) . In practice, people charged with domestic assault also tend to face tougher bail conditions and mandatory no-contact orders. Domestic assault lawyers handle these cases across the GTA.
Sexual assaults are prosecuted under ss. 271–273 and carry a distinct and generally harsher sentencing regime; some offences involve mandatory minimums, and a conviction for a designated offence can engage the national sex-offender registry (SOIRA) — though, following R. v. Ndhlovu , 2022 SCC 38, registration is no longer automatic in every case.
Being charged is the start of a process, not the end of it. Depending on the strength of the evidence, any Charter issues, and the circumstances, an assault case can end in a range of ways:
| Outcome | What it means |
|---|---|
| Withdrawn or dropped | The Crown ends the prosecution — often for evidentiary reasons or after a resolution such as a peace bond |
| Reduced charge | A plea to a lesser offence |
| Diversion | An alternative-measures program instead of a conviction |
| Discharge (absolute or conditional) | A finding of guilt, but no conviction registered |
| Suspended sentence | A conviction with probation rather than immediate custody |
| Conviction | The full range of penalties for the offence applies |
Whether a complainant can simply "drop" the charge is a common misconception — that decision rests with the Crown, not the alleged victim, as explained in Can the Victim Get Assault Charged Dropped in Canada?
A criminal defence lawyer can test the Crown's evidence, identify Charter breaches that may lead to evidence being excluded, negotiate with the Crown for a withdrawal or a lesser charge, and present mitigating factors that reduce a sentence. The right strategy depends entirely on the facts — there is no one-size-fits-all defence. Common approaches for simple-assault allegations include challenging witness credibility, raising self-defence, and negotiating resolutions — see 5 defence strategies for simple assault in Canada for examples. As Robbie Tsang notes, skilled counsel can challenge weak identification and credibility evidence early; Jeff Mass , managing partner at Mass Tsang LLP, adds that many assault files resolve through withdrawals, reduced charges, or other favourable outcomes short of a harsh sentence.
If you've been charged with assault in the Greater Toronto Area, the assault lawyers in Toronto at Mass Tsang can review the allegation and explain your options. For a broader look at defence pathways, see How to Beat an Assault Charge in Canada . Domestic files raise additional issues covered in How to Get Domestic Assault Charges Dropped in Ontario .
You are arrested and advised of your Charter rights, processed by police (which may include fingerprints and photographs for serious charges), and then either released on conditions or held for a bail hearing. The case proceeds through the courts, where it may be withdrawn, resolved, or tried.
Yes. Simple assault under s. 266 is a criminal offence. It is a hybrid offence, meaning the Crown can prosecute it by summary conviction or by indictment depending on the circumstances.
It depends on the level. Simple assault carries up to 5 years on indictment; assault with a weapon or causing bodily harm up to 10 years; and aggravated assault up to 14 years. On summary conviction, the general maximum is two years less a day plus a fine. These are maximums, not typical sentences.
Sometimes. The Crown — not the complainant — decides whether to continue a prosecution, and charges can be withdrawn where the evidence is weak or a resolution such as a peace bond is reached.
A charge does not. A conviction creates a criminal record; a withdrawal, an acquittal, or a discharge does not result in a conviction, though a discharge is still recorded for a limited period.
